In the aftermath of the Supreme Court’s decision to overturn Roe v. Wade, a chorus of celebration erupted from the conservative corner of America. The triumph was substantial, the cries of victory deafening. Republican leaders and right-wing pundits proudly declared that the matter of abortion had been “returned to the states.”

This newfound rallying cry echoed through legislative halls and conservative media outlets—even throughout churches, Protestant and Catholic alike—with many drooling mouths heralding that the battle was won, the issue resolved. States, they argue, are now free to regulate or outlaw abortion as they saw fit.

But beneath this triumphant facade lies a disconcerting reality—the problem of abortion has not been solved. It has merely been shifted, rebranded, and handed over to state legislators, most of whom remain deeply divided on the issue. While some states have enacted stringent anti-abortion laws in the wake of Roe’s demise, others have not only preserved but expanded access to abortion.

This patchwork of laws means that the unborn are protected in some states and left vulnerable in others. The notion that the issue is resolved is a dangerous illusion, a dangerous delusion, and it is time to dismantle the myth that abortion is a “states’ rights issue.”

It is true that some states have stepped up to the plate, enacting potent anti-abortion measures that reflect a commitment to protecting the sanctity of life. These states have become strongholds for the pro-life movement. Yet, here is the inconvenient truth in all of this, in direct contrast, other states have swung the pendulum in the opposite direction, creating safe havens for murder on demand. This disparity creates a moral and legal quagmire—one that reveals the inadequacy of the “states’ rights” argument.

Think about this, the fact that it is not particularly difficult for a woman in a state with strict anti-abortion laws to travel to a neighboring state with more permissive laws. The supposed victory of returning the issue to the states falls apart when one realizes that abortion remains easily accessible. A woman in Texas, for instance, can simply drive to New Mexico. The problem has not been eradicated, it has merely been relocated.

But the federal government has a constitutional duty to protect life, a duty that transcends state boundaries and political convenience. The 14th Amendment explicitly states that no state shall “deny to any person within its jurisdiction the equal protection of the laws.” Life is a right granted by God and the Constitution guarantees that the U.S. government will defend that right.

The Constitution isn’t an optional guideline nor is the 14th Amendment a simple suggestion for how state legislators should act—it is a mandate that all governments in the United States, from the federal government in Washington D.C. to the smallest town in rural Alaska, are required to follow.

Neither is abortion a policy preference. It is a question of fundamental human rights. Just as no state has the right to regulate or permit murder, no state should have the right to sanction the killing of the unborn.

Murder—a least, for now, murder of anyone outside of the womb—is universally recognized as a grave crime, one that the federal government would swiftly address if any state dared to legalize it. If a state decided that parents could dispose of their three-year-olds by drowning them in a lake, there would be no debate about the federal government’s role in intervening. The federal courts would act immediately, mandating that the state in question change its laws to protect innocent lives. The principle is clear, the federal government has a responsibility to uphold the Constitution and ensure that all citizens—born and unborn—are granted their inalienable right to life.

Further, the writ of habeas corpus, a cornerstone of our legal system, ensures that individual people are not unlawfully detained or deprived of their liberty. This principle extends to protecting life itself. Abortion is a civil rights violation of the highest order, one that strips the most vulnerable among us of their right to life. The federal courts have a duty to intervene in states that fail to protect these basic rights, just as they would in cases of racial discrimination or unlawful imprisonment.

But in reality, if we look at this objectively, the federal government already has laws on the books that would criminalize abortion. First-degree murder, a federal crime, is defined as the “intentional killing of a person with malice aforethought.” This definition applies seamlessly to abortion, where the intent to terminate a life is clear and deliberate.

Federal laws against first-degree murder are unequivocal, and these laws must be applied to abortion with the same rigor and moral clarity. The premeditated killing of the unborn is no less egregious than any other form of murder, and it warrants the same legal response.

The notion that abortion is a states’ rights issue is a perilous myth, one that endangers countless lives and undermines the very principles upon which our nation was founded. The federal government has an unquestionable duty to protect life, and this duty does not end at state lines.

Just as no state has the right to permit murder, no state should have the right to sanction abortion. Despite the baseless rhetoric and empty platitudes of Republican talking heads, politicians, or religious leaders at the Southern Baptist Convention’s ERLC, it is time for us to recognize this reality and advocate for a federal response that reflects the sanctity of life granted by God and the principles of protection enshrined in our Constitution.

It is not enough to celebrate the return of the issue to the states—we must demand that our federal government fulfill its constitutional duty to protect the lives of the unborn. The time for these half-measures and problem-shifting complacency is over. We have no choice but to confront the truth with clarity and conviction: abortion is not a states’ rights issue—it is a fundamental human rights issue, and it is time for our nation to act accordingly.